The opinion
FILED
FOR PUBLICATION FEB 11 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
STATE OF CALIFORNIA, ex rel. No. 08-55671
Edmund G. Brown Jr.,
D.C. No. 2:04-cv-00687-AG-SS
Plaintiff - Appellant,
v. ORDER
SAFEWAY, INC., a Safeway Company
doing business as Vons; ALBERTSONS,
INC.; RALPHS GROCERY
COMPANY, a division of the Kroger
Company; FOOD 4 LESS FOOD
COMPANY, a division of the Kroger
Company; VONS COMPANIES, INC.,
an indirect, wholly owned subsidiary of
Safeway, Inc.,
Defendants - Appellees.
Page 2
STATE OF CALIFORNIA, ex rel. No. 08-55708
Edmund G. Brown Jr.,
D.C. No. 2:04-cv-00687-AG-SS
Plaintiff - Appellee,
v.
SAFEWAY, INC., a Safeway Company
doing business as Vons; ALBERTSONS,
INC.; RALPHS GROCERY
COMPANY, a division of the Kroger
Company; FOOD 4 LESS FOOD
COMPANY, a division of the Kroger
Company; VONS COMPANIES, INC.
an indirect, wholly owned subsidiary of
Safeway, Inc.,
Defendants - Appellants.
KOZINSKI, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that
this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel
opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
Judges Bybee and Murguia did not participate in the deliberations or vote in
this case.